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COMMENTARY: Bill Cosby Handed Bum Deal from Superior Court

NNPA NEWSWIRE — The primary reason that Cosby and his team cited to justify the appeal is that Judge Steven T. O’Neill allowed the testimony of prior bad acts – five other women who were not connected to this case but who claimed they were also drugged and assaulted by Cosby.

Published

4 years ago

January 3, 2020

Stacy M. Brown

Cosby maintains that he had never given women Quaaludes without their knowledge or consent. He said he obtained them because, in the 1970s, "it was the in thing." Both women and men wanted them, similar to the ecstasy craze of the 1980s and 1990s.

By Stacy M. Brown, NNPA Newswire Senior Correspondent
@StacyBrownMedia

On December 10, the Pennsylvania Superior Court unanimously rejected Bill Cosby’s appeal.

The primary reason that Cosby and his team cited to justify the appeal is that Judge Steven T. O’Neill allowed the testimony of prior bad acts – five women who were not connected to this case Cosby was tried for but who claimed that they were also drugged and assaulted by Cosby.

According to several attorneys and legal experts interviewed by NNPA Newswire, that ruling and many of the other decisions made by O’Neill over the course of the trial, were questionable.

“With respect to prior bad acts evidence, such as these other accusers, trial courts often let this type of evidence in where the Commonwealth can show that the allegations were similar or somewhat similar to the allegations in the current case, and the appellate courts usually approve of this,” stated Zak Goldstein, a Philadelphia-based criminal appeals attorney with the firm, Goldstein Mehta LLC.

“It then becomes incredibly difficult to obtain a fair trial as this type of propensity evidence is overwhelmingly prejudicial,” Goldstein added.

For those that may be unaware, Cosby faced two trials.

The first trial resulted in a hung jury where 10 of the 12 jurors voted to acquit Cosby.

The second trial resulted in Cosby’s conviction and a three-to-10-year prison sentence.

The NNPA Newswire covered both trials and their aftermath.

Both trials hinged upon Cosby’s interaction with Andrea Constand, a former Temple University athlete and employee.

Cosby acknowledged giving Constand one-and-a-half tablets of Benadryl, which is less than the normally dispensed dosage.

Benadryl is an antihistamine used to relieve symptoms of allergy, hay fever, and the common cold. It is considered one of the oldest and most frequently used over-the-counter medications for children, and normally dispensed in 25 MG tablets at a dosage of one to two tablets every four-to-six hours.

Contrary to popular belief, Quaaludes were never administered to Constand.

Both Cosby and Constand agree that Constand was never coerced to accept the Benadryl tablets. She accepted them and consumed them of her own free will.

During Cosby’s initial trial, in 2017, Constand and Kelly Johnson, who worked for Cosby’s agent, the William Morris Agency, were allowed to testify.

Both women alleged that Cosby drugged and sexually assaulted them.

Johnson initially testified said the incident happened in the late 1980s. However, during her testimony she changed the date of the incident at least three times, citing a different year each time.

While O’Neill allowed prosecutors to call Johnson, whose case was arguably unrelated to Constand, to testify, he refused to allow Cosby’s lawyers to call Marguerite Jackson, a Temple University employee, who in a sworn affidavit, said Constand told her about Constand’s scheme to “get Cosby.”

Because of O’Neill’s refusal to allow testimony from Jackson, the defense did not call a single witness during the 2017 trial, which ended in a hung jury.

“It is not surprising to me that the first trial, where only one ‘prior bad act’ was allowed into evidence, resulted in a hung jury while the second trial, where more accusers were allowed to testify, resulted in a conviction,” Goldstein stated.

In the second trial in 2018, O’Neill shockingly reversed his decision from allowing one woman to testify against Cosby, to letting prosecutors call five other women who had decades-old, uncharged, and unproven claims against the actor.

One of the women, Janice Baker-Kinney, testified that she had taken a Quaalude BEFORE visiting Cosby. Later, she said she accepted another pill from Cosby while at his home in Tahoe, Nevada.

When asked on the witness stand why she took a Quaalude, Baker-Kinney gave perhaps the most damning response: “To get in the mood,” she stated.

Another woman, Chelan Lasha, gave her testimony while being coached from the audience by her attorney.

The Black Press observed attorney Gloria Allred appearing to motion for her client to cry while on the witness stand. Lasha sobbed throughout the entire, almost unintelligible testimony.

O’Neill refused to allow Cosby’s attorneys to question Lasha, or inform the jury, about her reported history of perjury and prostitution.

Another woman, former supermodel Janice Dickinson, testified that Cosby assaulted her in the 1980s.

Dickinson claimed that she was on a modeling shoot on an exotic island with her boyfriend when Cosby called her from Nevada.

She immediately left the boyfriend and flew to Nevada, where she had dinner with Cosby and a friend.

Dickinson said she went to Cosby’s room, and he drugged and assaulted her.

In her memoirs, however, Dickinson wrote an entirely different story.

She said, “Cosby was such a gentleman,” and noted that she had gotten high on her own. A photo displayed in court regarding the night in question was curious.

It showed Cosby in a robe and talking on the telephone, while Dickinson lies on a bed appearing alert and a willing participant in whatever was to take place.

The second trial also was a lesson on how not to select a jury.

When selected, Juror #11, quipped that Cosby was already guilty. However, O’Neill refused defense attorneys request to remove him.

Also, despite other jurors admitting to “personal relationships” with case detectives and prosecutors, O’Neill also refused defense motions to remove them.

One juror even admitted to being neighbors and friends with O’Neill’s court reporter, but the judge declined to remove that individual.

The judge also refused to rule on whether the statute of limitations had expired.

In Pennsylvania, the statute of limitations on sexual assault is 12 years. For prosecutors to have brought a case against Cosby that dated back to 2004, it must have been done by December 31, 2016.

A day earlier, on December 30, 2016, prosecutors did charge Cosby.

Lead defense attorney Tom Mesereau laid out travel and telephone records that should have proved that the case against Cosby was filed after the statute of limitations had run.

O’Neill declined to rule on the statute of limitations, and decided to allow jurors to determine if they had indeed expired. Based on statements released by the jury, they never considered the law about the statute of limitations.

Prosecutors pinpointed the date of the Constand/Cosby incident to the second or third week in January 2004. However, evidence showed that Cosby wasn’t in Pennsylvania at all in January 2004.

The documents also showed Cosby wasn’t in the state in December 2003.

Perhaps the most credible witness called by either side was Cosby’s former personal chef, John-Conrad Ste. Marthe.

Earlier, Constand testified that the Ste. Marthe was at the house the night of the incident and left after preparing a meal, and he was still in Cosby’s employ.

Ste. Marthe remembered Constand but testified that he left his position in May of 2003 – a 2009 New York Times feature on the chef noted that he did leave Cosby’s employ in 2003.

O’Neill also limited testimony of a key defense witness who had sworn in a deposition that Constand and her mother were seeking money from Cosby.

Robert Russell, a former friend of Constand, said Constand was hooked on mushrooms and marijuana, and she came to America to try and become a millionaire.

Russell said he, Constand, and her mother, Gianna, were close friends in the late 1990s and early 2000s.

“The prosecution is trying to say that [Constand] is some innocent babe in the woods,” Mesereau said at the time. “They’ve painted the idea that’s she’s naïve, pure and holistic, and that she was naïve in accepting pills from Bill Cosby.”

Russell, who said Constand’s mother, Gianna, “hated blacks and gays,” said Constand wasn’t “this holistic person” she portrayed herself to be and that she had a plan to get $1 million from Cosby, who eventually paid Constand nearly $4 million to settle a civil claim she’d brought against him after prosecutors initially declined to prosecute Cosby.

That civil case involved Cosby providing a deposition that included his response to Constand’s lawyers questioning whether he had provided Quaaludes to women he dated decades earlier.

In the deposition, Cosby maintained that he had never given women Quaaludes without their knowledge or consent. He said he obtained them because, in the 1970s, “it was the in thing.” Both women and men wanted them, similar to the ecstasy craze of the 1980s and 1990s.

When asked if he gave them to women whom he wanted to have sex with, Cosby said he did.

While his statements to police and in his deposition remained consistent, Constand’s statements changed several times. So much so, that former District Attorney, Bruce Castor, advised her to seek civil remedies because he said: “she’s not credible.”

O’Neill refused to allow Castor to testify on behalf of the defense, in part, because of a longstanding feud between the judge and Castor.

Reportedly, O’Neill blamed Castor for outing an affair O’Neill had with a then-assistant district attorney in Castor’s office.

During the Cosby trial, O’Neill refused to recuse himself, and inexplicably gave an emotional and arguably inappropriate dissertation from the bench on how much he loves his wife and how she’s independent.

As jurors deliberated Cosby’s fate, O’Neill was seen and heard outside of the juror room, whistling the song from the hit movie, “Kill Bill.”

Shortly afterward, the jury reached its verdict to convict Cosby.

Stacy M. Brown

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Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87

NNPA NEWSWIRE — Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.
The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

Published

4 weeks ago

March 29, 2024

Oakland Post

By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.

He sometimes spoke of being pulled over by law enforcement en route to Beverly Hills, once being handcuffed to a tree, which he remembered as a jarring introduction to the racial tensions of Hollywood. In his memoir “An Actor and a Gentleman,” Gossett recounted the ordeal, noting the challenges faced by Black artists in the industry. Despite the hurdles, Gossett’s talent shone brightly, earning him acclaim in groundbreaking productions such as “A Raisin in the Sun” alongside Sidney Poitier. His Emmy-winning portrayal of Fiddler in “Roots” solidified his status as a trailblazer, navigating a landscape fraught with racial prejudice.

According to the HistoryMakers, which interviewed him in 2005, Gossett’s journey into the limelight began during his formative years at PS 135 and Mark Twain Junior High School, where he demonstrated early leadership as the student body president. His passion for the arts blossomed when he starred in a “You Can’t Take It With You” production at Abraham Lincoln High School, catching the attention of talent scouts who propelled him onto Broadway’s stage in “Take A Giant Step.” His stellar performance earned him the prestigious Donaldson Award for Best Newcomer to Theatre in 1952. Though initially drawn to sports, Gossett’s towering 6’4” frame and athletic prowess led him to receive a basketball scholarship at New York University. Despite being drafted by the New York Knicks in 1958, Gossett pursued his love for acting, honing his craft at The Actors Studio under the tutelage of luminaries like John Sticks and Peggy Fury.

In 1961, Gossett’s talent caught the eye of Broadway directors, leading to roles in acclaimed productions such as “Raisin in the Sun” and “The Blacks,” alongside legends like James Earl Jones, Cicely Tyson, Roscoe Lee Brown, and Maya Angelou. Transitioning seamlessly to television, Gossett graced small screens with appearances in notable shows like “The Bush Baby” and “Companions in Nightmare.” Gossett’s silver screen breakthrough came with his role in “The Landlord,” paving the way for a prolific filmography that spanned over 50 movies and hundreds of television shows. From “Skin Game” to “Lackawanna Blues,” Gossett captivated audiences with his commanding presence and versatile performances.

However, his portrayal of “Fiddler” in Alex Haley’s groundbreaking miniseries “Roots” earned Gossett critical acclaim, including an Emmy Award. The HistoryMakers noted that his golden touch extended to the big screen, where his role as Sergeant Emil Foley in “An Officer and a Gentleman” earned him an Academy Award for Best Supporting Actor, making him a trailblazer in Hollywood history.

Beyond the glitz and glamour of Hollywood, Gossett was deeply committed to community activism. In 1964, he co-founded a theater group for troubled youth alongside James Earl Jones and Paul Sorvino, setting the stage for his lifelong dedication to mentoring and inspiring the next generation. Gossett’s tireless advocacy for racial equality culminated in the establishment of Eracism, a nonprofit organization dedicated to combating racism both domestically and abroad. Throughout his illustrious career, Gossett remained a beacon of strength and resilience, using his platform to uplift marginalized voices and champion social change. Gossett is survived by his children, Satie and Sharron.

The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

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COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration

WASHINGTON INFORMER — The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration.
The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

Published

4 weeks ago

March 27, 2024

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By Kaili Moss and Jillian Burford | Washington Informer

Mayor Bowser has signed the “Secure DC” omnibus bill passed by the D.C. Council last month. But we already know that this bill will be disastrous for all of D.C., especially for Black and brown residents.

While proponents claim that this legislation “will make D.C. residents safer and more secure,” it actually does nothing to address the root of the harm in the first place and instead maintains a cycle of violence, poverty, and broken community ties. The omnibus bill calls for increased surveillance, drug-free zones, and will expand pre-trial detention that will incarcerate people at a significantly higher rate and for an indeterminate amount of time before they are even tried. This bill will roll back decades of nationwide policy reform efforts and initiatives to keep our communities safe and whole, which is completely contradictory to what the “Secure” D.C. bill claims it will do.

What is unfolding in Washington, D.C., is part of a dangerous national trend. We have seen a resurrection of bad crime bills in several jurisdictions across the country — a phenomenon policy experts have named “zombie laws,” which are ineffective, costly, dangerous for communities of color and, most importantly, will not create public safety. Throwing more money into policing while failing to fund preventative measures does not keep us safe.

The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration. Thirty years later, despite spending billions each year to enforce these policies with many of these provisions remaining in effect, it has done very little to create long-term preventative solutions. Instead, it placed a permanent moving target on the backs of Black people, and the D.C. crime bill will do the same.

The bill calls for more pretrial detention. When our loved ones are held on pretrial detention, they are held on the presumption of guilt for an indeterminate amount of time before ever seeing a judge, which can destabilize people and their families. According to experts at the Malcolm Weimer Center for Social Policy at Harvard University, just one day in jail can have “devastating consequences.” On any given day, approximately 750,000 people are held in jails across the nation — a number that beats our nation’s capital population by about 100,000. Once detained, people run the risk of losing wages, jobs, housing, mental and health treatments, and time with their families. Studies show that pretrial detention of even a couple of days makes it more likely for that person to be rearrested.

The bill also endangers people by continuing a misguided and dangerous War on Drugs, which will not get drugs off the street, nor will it deter drug use and subsequent substance use disorders (SUDs). Drug policies are a matter of public health and should be treated as such. Many states such as Alabama, Iowa and Wisconsin are treating the current fentanyl crisis as “Crack 2.0,” reintroducing a litany of failed policies that have sent millions to jails and prisons instead of prioritizing harm reduction. Instead, we propose a simple solution: listen to members of the affected communities. Through the Decrim Poverty D.C. Coalition, community members, policy experts and other stakeholders formed a campaign to decriminalize drugs and propose comprehensive legislation to do so.

While there are many concerning provisions within the omnibus bill, car chases pose a direct physical threat to our community members. In July 2023, NBC4 reported that the D.C. Council approved emergency legislation that gave MPD officers the ability to engage in vehicular pursuits with so-called “limited circumstances.” Sgt. Val Barnes, the head of MPD’s carjacking task force, even expressed concern months before the decision, saying, “The department has a pretty strict no-chase policy, and obviously for an urban setting and a major metropolitan city, that’s understandable.” If our law enforcement officers themselves are operating with more concern than our elected officials, what does it say about the omnibus bill’s purported intention to keep us safe?

And what does it mean when the risk of bodily harm is posed by the pursuit itself? On Saturday, Feb. 10, an Eckington resident had a near-miss as a stolen car barreled towards her and her dog on the sidewalk with an MPD officer in pursuit. What responsibility does the city hold if this bystander was hit? What does restitution look like? Why are our elected officials pushing for MPD officers to contradict their own policies?

Just a few summers ago during the uprisings of 2020, we saw a shift in public perspectives on policing and led to legislation aimed at limiting police power after the highly-publicized murders of loved ones Breonna Taylor and George Floyd — both victims of War on Drugs policing and the powers gained from the ’94 crime bill. And yet here we are. These measures do not keep us safe and further endanger the health of our communities. Studies show that communities that focus on harm reduction and improving material conditions have a greater impact on public safety and community health. What’s missing in mainstream conversations about violent crime is the violence that stems from state institutions and structures that perpetuate racial and class inequality. The people of D.C. deserve to feel safe, and that includes feeling safe from the harms enacted by the police.

Kaili Moss is a staff attorney at Advancement Project, a national racial justice and legal organization, and Jillian Burford is a policy organizer at Harriet’s Wildest Dreams.

The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

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Mayor, City Council President React to May 31 Closing of Birmingham-Southern College

THE BIRMINGHAM TIMES — “This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”
The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

Published

4 weeks ago

March 27, 2024

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By Barnett Wright | The Birmingham Times

Birmingham-Southern College will close on May 31, after more than a century as one of the city’s most respected institutions.

“This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”

There are approximately 700 students enrolled at BSC this semester.

“Word of the decision to close Birmingham Southern College is disappointing and heartbreaking to all of us who recognize it as a stalwart of our community,” Birmingham Mayor Randall Woodfin said in a statement. “I’ve stood alongside members of our City Council to protect this institution and its proud legacy of shaping leaders. It’s frustrating that those values were not shared by lawmakers in Montgomery.”

Birmingham City Council President Darrell O’Quinn said news of the closing was “devastating” on multiple levels.

“This is devastating for the students, faculty members, families and everyone affiliated with this historic institution of higher learning,” he said. “It’s also profoundly distressing for the surrounding community, who will now be living in close proximity to an empty college campus. As we’ve seen with other institutions that have shuttered their doors, we will be entering a difficult chapter following this unfortunate development … We’re approaching this with resilience and a sense of hope that something positive can eventually come from this troubling chapter.”

The school first started as the merger of Southern University and Birmingham College in 1918.

The announcement comes over a year after BSC officials admitted the institution was $38 million in debt. Looking to the Alabama Legislature for help, BSC did not receive any assistance.

This past legislative session, Sen. Jabo Waggoner sponsored a bill to extend a loan to BSC. However, the bill subsequently died on the floor.

Notable BSC alumni include former New York Times editor-in-chief Howell Raines, former U.S. Sen. Howell Heflin and former Alabama Supreme Court Chief Justice Perry O. Hooper Sr.

This story will be updated.

The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.